Constitution Making in Indiana

Section 3. Senators shall be elected for the term of four years and Representatives for the term of two years, from the day next after their general election: Provided, however, that the Senators elect, at the second meeting of the General Assembly under this Constitution, shall be divided by lot, into two equal classes, as nearly as may be; and the seats of Senators of the first class shall be vacated at the expiration of two years, and those of the second class, at the expiration of four years; so that one half as nearly as possible, shall be chosen biennially forever thereafter. And in case of increase in the number of Senators, they shall be so annexed, by lot, to one or the other of the two classes, as to keep them as nearly equal as practicable.83

the maximum limit of representatives at 150; (9) that each county be entitled to at least one representative, rejected by vote of 48-76. (10) fixing membership of Senate at 30 and House at 70, rejected by vote of 56-65. (11) Provided, that after the year 1860, upon the petition of the qualified voters of any county in this State, the legislature shall cause a vote to be taken at a general election, held for the purpose of electing state officers, and if it shall appear that a majority of all the votes cast at said election shall be in favor of an additional ratio of representation, then it shall be the duty of the legislature to make such additional ratio of representation as shall be necessary. Provided, also, that these shall never exceed 120; (12) fixing membership of Senate at 34 and House at 116, each county having 1,000 voters to be entitled to one representative, rejected by vote of 24-94; (13) membership of Senate 50, House 100, which after 1860 may be increased to 120, rejected by vote of 24-94.

83. Reported by Committee on Legislative Department on October 31, as follows:

Sec. 4. Senators shall be chosen for the term of four years, and representatives for the term of two years from the day next after their general election, except that the term of service of one half of the senators first elected under this Constitution, or if the whole number be an uneven one, then the term of service of one less than half shall expire at the end of two years, and for the purpose of ascertaining whose term of service shall first expire, the senators-elect, at the first meeting of the General Assembly under the new Constitution, shall be divided by lot, into two equal classes, as near as may be: and the seats of the senators of the first class shall be vacated at the expiration of two years, and of the second class at the expiration of four years, so that one half, as near as possible, shall be chosen biennially forever thereafter, and in case of increase of the number of senators at any time, these shall be so annexed by lot to one or the other of the two classes, as to keep them as nearly equal as practicable (p. 167). Engrossed for third reading as follows:

Sec. 4. Senators shall be chosen for the term of four years, and representatives for the term of two years from the day next after their general election, except that the term of service of one half of the senators first elected under this Constitution, or if the whole number be an uneven one, then the term of service of one less than half shall expire at the end of two years and the senators-elect, at the first meeting of the General Assembly under the new Constitution, shall be divided by lot, into two equal classes, as near as may be; and the seats of the senators of the first class shall be vacated at the expiration of two years, and of the second class at the expiration of four years, so that one half, as near as possible, shall be chosen biennially forever thereafter, and in case of increase of the number of senators at any time, these shall be so annexed by lot to one or the other of the two classes, as to keep them as nearly equal as practicable (p. 389). Passed on December 10, by a vote of 116-6 (p. 397).

Amendments proposed and rejected: (1) to strike out the provision that senators added may be annexed by lot to one of the two classes; (2) to strike out and insert: senators and representatives shall be chosen for the term of two years from the day next after their general election, rejected by vote of 37-86.

Section 4. The General Assembly shall, at its second session after the adoption of this Constitution, and every sixth year thereafter, cause an enumeration to be made of all the white male inhabitants over the age of twenty-one years.8 84

Section 5. The number of Senators and Representatives shall, at the session next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according to the number of white male inhabitants, above twentyone years of age in each: Provided, that the first and second elections of members of the General Assembly, under this Constitution, shall be according to the apportionment last made by the General Assembly, before the adoption of this Constitution.85 Section 6. A Senatorial or Representative district, where more than one county shall constitute a district, shall be composed of contiguous counties; and no county for Senatorial apportionment, shall ever be divided.86

84. Reported by Committee on Elective Franchise on December 11, as follows: Section 1. The General Assembly shall at their first meeting after the adoption of this Constitution, and every six years thereafter, cause an enumeration to be made of all the white male inhabitants above the age of twenty-one years (p. 407). grossed without amendment (p. 801). Passed on January 28, without vote (p. 815). On November 2, the Committee on Elective Franchise reported the following section:

Sec. 2. The General Assembly shall, every six years after the adoption of this Constitution, make an equitable distribution of the above named number of senators and representatives among the several counties and districts: Provided always, That no county shall be divided for senatorial or representative purposes (p. 188). Laid on the table on second reading (p. 593).

85. Reported by Committee on Elective Franchise on December 11, as follows: Sec. 2. The number of senators and representatives shall at the several periods of making such an enumeration be fixed by law and apportioned among the several counties according to the number of white male inhabitants above twenty-one years of age in each: Provided. The first election of members of the General Assembly under this constitution shall be according to the apportionment made by the legislature at its session of 1850-51 (p. 407). Engrossed for third reading without amendment (p. 801). Passed without vote on January 28 (p. 815).

86. as follows:

Reported by the Committee on the Legislative Department on October 31,

Sec. 3. Senatorial and representative districts, when more than one county shall constitute a district, shall be composed of contiguous counties; and no county for representative purposes shall ever be divided (p. 167). Amended on second reading as follows:

Sec. 3. Senatorial and representative districts, when more than one county shall constitute a district, shall be composed of contiguous counties; and no county for senator or representative purposes shall ever be divided (pp. 377-78). On further consideration, committed to the Legislative Committee, with an amendment which the convention refused to lay on the table by a vote of 53-60, as follows:

Sec. 3. Senatorial and representative districts, when more than one county shall constitute a district, shall be composed of contiguous counties; and counties entitled to more than one representative may, under the provisions of a general law, be divided into representative districts (p. 387).

The original section was reported back by the Legislative Committee without amendment. The report was concurred in by a vote of 67-59, and engrossed for third reading by a vote of 69-58 (p. 475). Recommitted on third reading to the Legislative

Section 7. No person shall be a Senator or a Representative, who, at the time of his election, is not a citizen of the United States; nor any one who has not been, for two years next preceding his election, an inhabitant of this State, and, for one year next preceding his election, an inhabitant of the county or district whence he may be chosen. Senators shall be at least twentyfive, and Representatives at least twenty-one years of age.8

Section 8. Senators and Representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest, during the session of the General Assembly, and in going to and returning from the same; and shall not be subject to any civil process, during the session of the General Assembly, nor during

Committee without instructions (p. 487).

Reported by the Legislative Committee on December 27, as follows; passed without vote, and was referred to the Committee on Revision (p. 542).

Sec. 3. Senatorial and representative districts (where more than one county shall constitute a district) shall be composed of contiguous counties (p. 542), On November 2, the Committee on Elective Franchise reported the following section: Sec. 2. The General Assembly shall, every six years after the adoption of this Constitution, make an equitable distribution of senators and representatives among the several counties and districts (p. 188). Laid on the table on second reading (p. 593).

Amendments proposed and rejected: (1) requiring representative and senatorial districts to be single, bounded by county, precinct, town or ward lines, consisting of contiguous compact territory and never consisting of parts of different counties; (2) each county, even though having but two-thirds of the ratio of representation, entitled to one representative, rejected by a vote of 55-56; (3) transfer of residuum due in large counties to adjoining small counties for representative purposes; (4) authorizing the General Assembly to provide by general law for the election of representatives by single districts in counties entitled to more than one representative; (5) any county having two-thirds of a senatorial ratio shall be entitled to a senator; (6) any county having three-fourths of a representative ratio shall be entitled to one representative, rejected by a vote of 62-65.

lows:

87. Reported by Committee on Legislative Department on October 31 as folSec. 5. No person shall be a senator or representative who, at the time of his election, is not a citizen of the United States, and been an inhabitant of this State, for the two years next preceding his election, and the last year thereof of the county or district for which he may be chosen. Senators shall be at least twenty-five and representatives twenty-one years of age (p. 167). A minority of the committee dissented to that part of the section requiring a senator or representative to be a native born or naturalized citizen of the United States and reported the following section:

Sec. 4. No person shall be a senator or representative who is not a white male inhabitant of this State and resident therein, two years immediately preceding his election, and the last year thereof, in the county or district, for which he may be chosen. Senators shall be at least twenty-five, and representatives twenty-one years of age, and shall have paid a State and county tax (p. 171). Engrossed for third reading without amendment (p. 390). Passed on December 10 by a vote of 103-19 (p. 398).

Amendments proposed and rejected: (1) qualification of senator or representative that he be a qualified elector, eliminating the provision that he must be a citizen of the United States, rejected by vote of 48-74. (2) age qualifications of senators thirty years, and representatives twenty-five years; (3) age qualifications of senators twentyone years; (4) rendering eligible to seats in the General Assembly white males of foreign birth, residents of the State for two years, who have declared their intention to become citizens.

the fifteen days next before the commencement thereof. For any speech or debate in either House, a member shall not be questioned in any other place.88

Section 9. The sessions of the General Assembly shall be held biennially at the capital of the State, commencing on the Thursday nex; after the first Monday of January, in the year one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a different day or place shall have been appointed by law. But if, in the opinion of the Governor, the public welfare shall require it, he may at any time by proclamation, call a special session.89

88. Reported by Committee on the Legislative Department on October 31, as follows:

Sec. 15. Senators and representatives, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and shall not be subject to any civil process during the session of the General Assembly, or for fifteen days next before the commencement thereof (p. 168). Engrossed for third reading as follows:

Amendments proposed and rejected: (1) to eliminate the provision exempting members of the General Assembly from civil process during the session and fifteen days before; (2) to exempt members from civil process during the session and in going to and returning therefrom, only.

89. Reported by Committee on Legislative Department on October 31, as follows:

Sec. 7. The sessions of the General Assembly shall be held biennially at the capital of the State, commencing on the first Monday after the first day of January, in the year of our Lord one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a different day or place be appointed by law. But if, in the opinion of the governor, the public welfare shall at any time require it, he may by proclamation call a special session (p. 167). Engrossed for third reading as follows:

Sec. 7. The sessions of the General Assembly shall be held biennially at the capital of the State, commencing on the Thursday after the first Monday of January, in the year of our Lord one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a different day or place be appointed by law. But if, in the opinion of the governor, the public welfare shall at any time require it, he may by proclamation call a special session (p. 399). Passed on December 11 by a vote of 120-5 (p. 410). Reported by the Committee on Revision on February 5, and approved by consent (pp. 908-20). On November 1, the Committee on Executive Department reported the following section:

Sec. 9. He may convene the General Assembly on extraordinary occasions (p. 178). Engrossed without amendment (p. 538). Passed on December 27 by a vote of 98-9 (p. 547). Reported by the Committee on Revision on February 6, but was not incorporated in the Constitution as finally adopted (p. 929).

Amendments proposed and rejected: (1) to specifically designate Indianapolis as the meeting place of the legislature and to forbid the designation of any other place; (2) fixing the date of meeting of the General Assembly on the first Monday in January, beginning with 1852; (3) fixing the date of meeting of the General Assembly on the firstMonday in December; special sessions to be convened at a time and place designated

Section 10. Each House, when assembled, shall choose its own officers, the President of the Senate excepted; judge the elections, qualifications and returns of its own members; determine its rules of proceeding, and sit upon its own adjournment. But neither House shall, without the consent of the other, adjourn for more than three days nor to any place other than that in which it may be sitting.90

Section 11. Two-thirds of each House shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either House fail to effect an organization within the first five days thereafter, the members of the House so failing, shall be entitled to no compensation, from the end of the said five days until an organization shall have been effected.91

Section 12. Each House shall keep a journal of its proceedings, and publish the same. The yeas and nays on any question, shall, at the request of any two members, be entered together with the names of the members demanding the same, on the

by the governor: (4) requiring the governor to specify in his proclamation calling a special session, the object thereof and prohibiting action on any other matter, rejected by a vote of 60-65. (5) fixing the pay of members at $1.50 per day after the first seven weeks, rejected by a vote of 38-86. (6) authorizing the General Assembly to meet annually until 1855 if the interest of the State required it; (7) prohibiting action at a special session on any matter not referred to in the governor's message, rejected by a vote of 53-75. (8) limiting special session to twenty days, rejected by a vote of 53-74. 90. Reported by Committee on Legislative Department on October 31, as fol

lows:

Sec. 8. Each house when assembled shall choose their own officers, (the President of the Senate excepted), be the judges of the qualifications and returns of their own members, determine the rules of their proceedings and sit upon their own adjournment. But neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting (p. 167). Engrossed for third reading without amendment (p. 405). Passed on December 11 by a vote of 123-2 (p. 410).

lows:

91. Reported by Committee on Legislative Department on October 31, as fol

Sec. 9. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may meet and adjourn from day to day, and compel the attendance of absent members. Two-thirds being in attendance, if no organization shall be effected in the first five days thereafter, the members of the house so failing shall be entitled to no compensation for services from the end of said five days until an organization is effected (p. 168). Engrossed for third reading without amendment (p. 406). Passed on December 11 by a vote of 123-2 (p. 410).

Amendments proposed and rejected: (1) allowing two days to effect an organization before compensation ceases; (2) allowing three days to effect an organization, rejected by vote of 62-66; (3) if an organization is not effected within five days a plurality of the votes of the members present shall elect any officer of either House''; (4) to insert a majority" where "two-thirds'' occurs; (5) to strike out the second

sentence.

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